Managed Services Agreement Template for Germany

A Managed Services Agreement spells out how an external provider will handle specific business operations or IT services for your company. Under German law, these contracts detail everything from service levels and response times to data protection requirements under the GDPR and local privacy regulations.

The agreement creates clear accountability by defining exactly what services the provider must deliver, how performance will be measured, and what happens if things go wrong. German businesses often use these agreements to outsource IT support, cloud services, or cybersecurity operations while ensuring compliance with strict national technology and data protection standards.

Consider putting a Managed Services Agreement in place when outsourcing critical business functions like IT infrastructure, cybersecurity, or data management to external providers in Germany. This becomes especially important when handling sensitive customer data or when operations must comply with strict German data protection laws and industry regulations.

A formal agreement makes sense for ongoing services that affect your daily operations, require specific performance standards, or involve access to your systems. German companies typically need one when working with cloud service providers, IT maintenance teams, or managed security providers—particularly when service interruptions could impact business continuity or regulatory compliance.

• Basic IT Service Agreements focus on routine tech support and maintenance, requiring standard GDPR compliance and basic security measures
• Comprehensive Infrastructure Management contracts cover entire IT ecosystems, including strict SLAs and detailed disaster recovery protocols
• Security-Focused MSAs emphasize cybersecurity measures, incident response, and compliance with German IT security laws
• Cloud Service Management agreements specifically address data hosting, processing, and accessibility requirements under German data protection regulations
• Industry-Specific MSAs incorporate sector-specific compliance requirements, like additional safeguards for healthcare or financial services

• Service Providers: IT companies, cybersecurity firms, or specialized tech consultancies who deliver the managed services and must meet German compliance standards
• Client Organizations: Businesses seeking to outsource technical operations while maintaining control over service quality and data protection
• Legal Departments: In-house counsel or external law firms who draft and review Managed Services Agreements to ensure GDPR compliance
• IT Directors: Technical leaders who define service requirements and monitor provider performance against agreed standards
• Data Protection Officers: Required by German law to oversee data handling practices and ensure privacy compliance in service delivery

• Service Scope: Define exact IT services, performance metrics, and response times needed for your operations
• Data Protection: Map out what personal data will be processed and how it aligns with GDPR requirements
• Technical Requirements: List specific systems, software, and security protocols the provider must maintain
• Compliance Needs: Identify industry-specific German regulations affecting your service delivery
• Contract Terms: Outline duration, pricing, termination conditions, and liability limits under German law
• Documentation: Our platform generates customized agreements that incorporate all these elements while ensuring legal compliance

• Service Description: Detailed scope of IT services, performance metrics, and quality standards
• Data Protection Provisions: GDPR-compliant data handling procedures and security measures
• Service Level Terms: Response times, availability guarantees, and performance measurements
• Liability Clauses: Clear limits under German law, particularly for data breaches or service interruptions
• Term and Termination: Contract duration, renewal conditions, and exit procedures
• Pricing Structure: Fee calculations, payment terms, and conditions for price adjustments
• Governing Law: Explicit reference to German jurisdiction and applicable regulations

A Managed Services Agreement differs significantly from a Supply of Services Agreement in several key aspects, though both govern service relationships under German law. While both documents outline service delivery terms, their scope, duration, and operational focus vary considerably.

• Ongoing vs. Project-Based: Managed Services Agreements cover continuous, long-term IT operations and maintenance, while Supply of Services Agreements typically address specific, time-bound service deliverables
• Service Integration: MSAs include deeper system integration, access rights, and ongoing monitoring, unlike basic service agreements which maintain clearer boundaries
• Performance Metrics: MSAs require detailed SLAs and continuous performance tracking, whereas Supply of Services Agreements focus more on milestone-based deliverables
• Risk Distribution: MSAs include specific provisions for system downtime, data protection, and cybersecurity incidents, reflecting their role in critical business operations